Existing law declares that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Existing law also declares that it is the policy of the state that no treatable animal should be euthanized.. This bill, Bowie's Law, would require all animal shelters, as defined, to provide public notice on their internet website at least 72 hours before euthanizing any dog, cat, or rabbit, except as provided. The bill would require that notice to indicate that the animal is subject to euthanasia and to include information about the animal and its availability for adoption. The bill would authorize an animal shelter to provide this public notice for less than 72 hours if the animal shelter makes certain determinations. The bill would, for each instance where the animal shelter provides public notice for less than 72 hours, require the animal shelter to document the reason and to keep it on file and available for public inspection, as provided. By imposing new requirements on a public animal control agency or shelter, the bill would constitute a state-mandated local program. The bill would also require the Department of Food and Agriculture to conduct a study on the overcrowding of California's animal shelters, the ways in which the state might address animal shelter overcrowding, and the feasibility of a statewide database of dogs and cats that provides public notice and information at the statewide level, as specified. The bill would require the department to, on or before January 1, 2026, submit a report on its study findings to the Legislature, as provided. The bill would repeal these study and reporting requirements on January 1, 2027. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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Existing law prohibits an act of sexual intercourse accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law provides a greater punishment for this offense if the victim is a minor, as specified. Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. This bill would impose a greater punishment for prohibited acts of sexual intercourse, as defined, if the victim is a developmentally disabled minor, as specified and defined, and the person committing the prohibited acts knows or should have known that the person is developmentally disabled. The bill would specifically require a person who commits these offenses upon a person who is 10 years of age or younger to be prosecuted pursuant to another statute providing even greater punishment. By increasing the punishment for crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a misdemeanor for an employee or officer of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility. Existing law additionally makes it a misdemeanor for specified individuals, including an employee or officer of a public entity detention facility or an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult by rubbing or touching the breasts or sexual organs of another, as specified. This bill would change the definition of sexual activity to also include the touching of the anus, groin, or buttocks. The bill would instead make it a misdemeanor or a felony, punishable in the county jail, for employees or officers of a public health facility or public entity detention facility and employees with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult, as specified. Existing law makes it punishable as either a misdemeanor or a felony for specified individuals, including an employee or officer of a public entity detention facility, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is confined in a detention facility. Existing law makes it punishable as either a misdemeanor or a felony for an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, as specified, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is an inmate, ward, or parolee. This bill would additionally make it punishable as either a misdemeanor or a felony, punishable in a state prison, for employees or officers of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined. By expanding the scope of crime, this bill would impose a state-mandated local program. Existing law requires a person convicted of a felony violation of the above provisions who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation to be terminated, as specified, and prohibits that person from being eligible to be hired or reinstated by the department. This bill would instead require that a person convicted of any violation of these provisions be terminated and prohibited from being reinstated by the department. The bill would also require that a person convicted of any violation of these provisions who is employed by a public entity detention facility or a public health facility be terminated and made ineligible to be hired or reinstated by any public entity detention facility, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. Existing law authorizes the imposition of civil penalties for violations of certain waste discharge requirements and requires that penalties imposed pursuant to these provisions be deposited into the Waste Discharge Permit Fund, to be expended by the state board, upon appropriation by the Legislature, for specified purposes related to water quality. For violations of certain other waste discharge requirements, including the violation of a waste discharge requirement effluent limitation, existing law imposes specified civil penalties, the proceeds of which are deposited into the continuously appropriated State Water Pollution Cleanup and Abatement Account, which is established in the State Water Quality Control Fund. This bill would create the Waterway Recovery Account within the Waste Discharge Permit Fund, and would annually transfer from the State Water Pollution Cleanup and Abatement Account, excluding administratively imposed civil liabilities that include a supplemental environmental project in connection with a monetary penalty, 40% of the annual proceeds to the Waterway Recovery Account. The bill would provide that moneys in the account created by the bill are continuously appropriated to the state board without regard to fiscal years. The bill would require the state board to allocate the Waterway Recovery Account moneys to each regional board on a proportional basis, based on moneys generated in each region, and would require the regional boards to allocate those moneys to third parties for restoration projects, as specified, with priority given to third parties that will undertake projects with multiple benefits that provide greenspace within disadvantaged communities, as provided. By creating a new continuously appropriated account, and by transferring funds from an existing continuously appropriated account, the bill would make an appropriation.
Existing law requires the Department of Parks and Recreation to issue a park pass for free use of all park facilities in the state park system to a veteran of war in which the United States has been, or may be, engaged, who is a resident of this state, who presents to the department proof of a disability, proof of being held captive as a prisoner of war, or proof of being a recipient of a Congressional Medal of Honor, and proof of an honorable discharge from service. This bill would require a pass for free day use of any unit of the state park system that is operated by the state to be issued to Gold Star Family members, as provided.
Existing law creates the State Department of Public Health and vests it with duties, powers, functions, jurisdiction, and responsibilities with regard to the advancement of public health. Existing law requires the department, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local governmental agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone to first responders and to at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct. This bill would require a person or entity that owns or is responsible for a designated facility, defined as a bar, gas station, public library, or residential hotel, after receiving an opioid antagonist kit from the department, to post an opioid antagonist kit, which includes an instructional poster and opioid antagonist nasal spray, in areas that are readily accessible only by employees, to restock the opioid antagonist kit after each use or upon expiration of the opioid antagonist nasal spray contained in the opioid antagonist kit, and to request a replacement kit from the department, as specified. The bill would exempt from civil liability a person or designated facility that provides, or omits to provide, aid with the opioid antagonist kit, as specified. The bill would prohibit an employer from requiring its employees to render aid, or from disciplining an employee for not rendering aid, or from prohibiting employees to render aid with an opioid antagonist in the event of an apparent overdose. The bill would clarify, among other things, that a designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose. This bill would require the department to compile a list of all counties that are experiencing an opioid overdose crisis, as defined, and publish the list on its internet website. The bill would also require the department to provide opioid antagonist kits free of charge to as many designated facilities as possible in the counties on the list, to create the opioid antagonist poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray, and to make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs in the event of an opioid antagonist supply shortage. This bill would make a violation of these provisions subject to a civil penalty of not more than $100, except for public entities or public employees. The bill would require these provisions to be effective 6 months after the department publishes the list of counties experiencing an opioid crisis on its internet website. The bill would require these provisions to be implemented only upon an appropriation being made for these purposes by the Legislature in the annual Budget Act or another statute. Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. This bill would require the division to investigate and enforce the provisions in this act. By requiring public libraries to provide opioid antagonist kits, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law requires the State Registrar to prescribe and furnish all record forms for use in carrying out the provisions governing vital records and prohibits the use of any record form or format other than those prescribed by the State Registrar. Existing law requires every live birth, fetal death, death, and marriage that occurs in the state to be registered with the local registrar. Existing law requires certificates of live birth, fetal death, or death, and a marriage license to include specified information, such as the full name of the child on a certificate of live birth and the full names of the parties to be married on a marriage license. Existing law also requires the county clerk to issue a confidential marriage license, as specified, on a form prescribed by the State Registrar. This bill would require the State Registrar to require the use of a diacritical mark on an English letter to be properly recorded, when applicable, on a certificate of live birth, fetal death, death, marriage license and certificate, or confidential marriage license and certificate, and would require the use of a diacritical mark to be deemed an acceptable entry by the State Registrar. The bill would provide that the absence of a diacritical mark on a certificate of live birth, fetal death, or death, or a marriage license does not render the document invalid nor affect any constructive notice imparted by proper recordation of the document. The bill would authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter in any certificate of live birth, fetal death, death, or marriage already registered, the person asserting the omission, or the person's conservator, or if a minor, the person's parent or guardian, to submit a written request to the State Registrar for the issuance of a new certificate of birth, fetal death, death, or marriage stating the changes necessary to make the name correct. The bill would require the State Registrar to review the request and, if the request is accompanied with the payment of a specified fee, to issue a new certificate of live birth, fetal death, death, or marriage with the accurate name identified in the request. The bill would also authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter on any confidential license and certificate of marriage already registered, the party asserting the omission to make an affidavit, under oath, stating the changes necessary to make the record correct and file it with the county clerk. The bill would require the county clerk to review the amendment for acceptance for filing, and if accepted, file the amendment and note the fact of the amendment, with its date, on the otherwise unaltered original confidential license and certificate of marriage. By requiring the affidavit to be under oath, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. By increasing duties on county clerks, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law requires the governing board of each school district to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided. This bill would also require, before a governing board of a school district considers the plan described above, the superintendent of each school district to consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities. Because this bill would impose new duties on a superintendent of a school district, the bill would impose a state-mandated program. (2) Existing law requires the county superintendent of schools to provide technical assistance for a minimum of 2 years for any school district for which one or more identified pupil subgroups meets specified criteria, including assisting the school district to identify its strengths and weaknesses, as provided. When pupils with disabilities are the identified pupil subgroup meeting the criteria, this bill would require the county superintendent of schools to consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team. Because the bill would impose new duties on a county superintendent of schools, the bill would impose a state-mandated program. (3) Existing law requires the governing board of a school district to develop a local plan relating to the education of individuals with exceptional needs residing in the school district, as provided. Existing law requires the Superintendent of Public Instruction to establish guidelines for the development of local plans, as provided. Existing law requires, commencing July 1, 2027, each local plan to include an annual assurances support plan. Existing law requires the State Department of Education to develop a template for the annual assurances support plan by July 1, 2026. Existing law requires the annual assurances support plan to include specified elements, including a description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support. This bill would require the annual assurances support plan to include additional detail and new elements, as specified. To the extent these changes would impose new duties on local educational agencies, the bill would impose a state-mandated local program. (4) Existing law requires each special education local plan area submitting a local plan to the Superintendent to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing specified things. This bill would require each special education local plan area submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department, as provided. By requiring new duties of a special education local plan area, the bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Governor to appoint every office whose mode of appointment is not prescribed by law. Existing law also prescribes the manner of the Governor's appointment of those officers. This bill would require the office of the Governor, commencing January 1, 2025, to maintain on its internet website a list of every state board and commission that includes, for each state board or commission, the membership list, stated purpose, duties, meeting frequency, internet website, and vacancies in the membership. The bill would require the office of the Governor, on or before January 1, 2026, and annually thereafter, to create and publish on its internet website a report containing aggregate demographic information of appointments made by the office during the prior calendar year, as specified.